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Toddler Printed Two Piece

Crop top and boyleg brief style. Single strap bind finish on top and fluted leg binding on brief. Front lining on top and brief with drawcord in brief. Made from Italian polyester the distinct print of vibrant colours is chlorine and sun resistant.

Referral program - Terms of Service

Program Terms and Conditions

Funkita and Funky Trunks (“we”, “Funkita”, “Funky Trunks”, “Way Funky Company” or “Company”) may, from time to time, offer users of our service (“Service”) the opportunity to refer friends to try the Service (“Funkita/Funky Trunks Refer a Friend” or “Program”). We reserve the right to terminate the Program at any time for any reason.

Users (defined below) are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Users agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorised to register as a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

1. Privacy. Individuals may participate in the Program to recommend services or content made available by the Company to their friends, family or colleagues ("Users"). To do this, Users must submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address, so that the Company can send these recommendations on their behalf. The personal information will be collected, processed and used in accordance with the Company’s Privacy Statement, which can be found at: https://www.funkita.com/content/6-privacy-policy and https://www.funkytrunks.com/content/6-privacy-policy. In addition, personal information may be used by the Company to contact Users with regards to their participation in the Program and to receive communications from the Company. Where a User provides personal information about its friends, family members or colleagues to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User and the User understands that the Company may send out additional follow-up communications on behalf of the User to encourage or remind the friends, family members or colleagues to complete the purchase or registration process.

Users who refer are called “Referrers.” Individuals who receive a referral are called “Referred Customers.” A Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral.”

Making a Referral

Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Funkita/Funky Trunks or participate in the Program using multiple or fake email addresses or identities.

Qualified Referrals

A Qualified Referral means that all the following conditions are met:

1) The Referred Customer completes the purchase using the voucher code supplied in the referral email.

2) The Referred Customer has not purchased from www.funkita.com/www.funkytrunks.com under any email address or alias and;

3) Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals.

Earning Rewards

Referrer shall receive one (1) Reward valued at the advertised amount for each verified Qualified Referral generated by Referrer. A Referrer may not earn more than twenty (20) Qualified Referrals per calendar year or more than three hundred dollars (AUD$300) in Rewards per calendar year.

Rewards will be paid out to the Referrer within thirty (30) days after the Referred Customer has completed his or her purchase. The Referred Customer must be a new Funkita/Funky Trunks customer in order for the Referrer to earn a reward.

Restrictions may apply. The gift code reward is subject to the Company’s general terms and conditions

Verified Qualified Referrals

Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. They may also refuse to verify and process any transaction the Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on the Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

All of the Company's decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.

Transfer and Value of Credit and Rewards

Credit and Rewards have no monetary value and may not be redeemed for cash. Credit and Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s Funkita/Funky Trunks account for any reason, any unredeemed Credit and Rewards accumulated by the Referrer are forfeited.

3. Content Ownership and Use.

The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.

License to You

The Company authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorised use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

Trademarks

The registered or unregistered logos, product and service names are or may be trademarks of the Company (the “Marks”). Without the Company's prior written permission, and except as solely enabled by any link as provided by the Company, you agree not to display or use in any manner the Marks.

4. Liability

By participating in the Program, Users agree to:

be bound by these Terms and Conditions, the decisions of the Company and their designees (including the Service Provider), and the Privacy Policy of the Company;

defend, indemnify, release and hold harmless the Company, its Service Provider and its or their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and

telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;

data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;

any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;

any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or

claims, demands, and damages in disputes among Users of the Program.

The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.

The Company shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.

The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

Users should use the Program at their own risk.

6. Conduct. If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.

Prohibited Conduct, Generally

Users agree not to use the Program to:

· Violate applicable law;

· Infringe the intellectual property rights of the Company, its Service Provider or any third parties;

· Stalk, harass, or harm another individual;

· Collect or store personal data about other Users;

· Impersonate any person or otherwise misrepresent User's identity;

· Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;

· Interfere with another User's use of the Program;

· Attempt to gain unauthorised access to the Program, other accounts, computer systems, or networks connected to the Program;

· Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;

· Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

· Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others

Bulk Distribution (“Spam”)

If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.

Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer from the Program. We have a no tolerance spam policy.

The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.

Fraudulent and Suspicious Behaviour

The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.

Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.

Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.

The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

7. Suggestions and Submissions. The Company appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, they:

Shall own, exclusively, all now known or later discovered rights to the creative ideas;

Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and

Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

8. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial. Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under Victorian law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Victoria, Australia.

9. General Terms These Terms constitute the entire agreement between Users and the Company concerning Users’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.

Gravitron

Crop top and boyleg brief style. Single strap bind finish on top and fluted leg binding on brief. Front lining on top and brief with drawcord in brief. Made from Italian polyester the distinct print of vibrant colours is chlorine and sun resistant.

Product reviews

Size Guide

Returns Policy

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WOMEN

AUS

8

10

12

14

US

4 / 30 / XXS

6 / 32 / XS

8 / 34 / S

10 / 36 / M

FRENCH

36

38

40

42

Waist

60-65CM /24"

65-70CM /26"

70-75CM /28"

75-80CM /30"

Hip

85-90CM /34"

90-95CM /36"

95-100CM /38"

100-105CM /40"

Bust

80-85CM /32"

85-90CM /34"

90-95CM /36"

95-100CM /38"

WOMEN

AUS

16

18

20

22

US

12 / 38 / L

14 / 40 / XL

16 / 42 / XXL

18 / 44 / XXXL

FRENCH

44

46

48

50

waist

80-85CM /32"

85-90CM /34"

90-95CM /36"

95-100CM /38"

hip

105-110CM /42"

110-115CM /44"

115-120CM /44"

120-125CM /48"

bust

100-105CM /40"

105-110CM /42"

110-115CM /44"

115-120CM /46"

Toddlers

AUS

1

2

3

4

5

6

US

1T

2T

3T

4T

5T

6T

FRENCH

1ANS

2ANS

3ANS

4ANS

5ANS

6ANS

Chest

47-49CM

50-52CM

53-55CM

56-58CM

58-60CM

56-62CM

Waist

45-47CM

47-49CM

49-51CM

51-53CM

53-55CM

53-58CM

Girls

AUS

8

10

12

14

US

24 / 8

26 / 10

28 / 12

30 / 14

FRENCH

8ANS

10ANS

12ANS

14ANS

chest

62-68CM /26"

68-74CM /28"

74-80CM /30"

80-86CM /32"

waist

55-60CM /22"

58-62CM /23"

60-65CM /24"

63-67CM /25"

hip

70-75CM /28"

75-80CM /30"

80-85CM /32"

85-90CM /34"

APEX Performance Sizes Only

20

22

24

26

28

30

Chest / Bust

75-80CM 30-31"

80-85CM 31-33"

85-90CM 33-35"

90-95CM 35-37"

95-100CM 37-39"

100-105CM 39-41"

Waist

55-60CM 22-24"

60-65CM 24-26"

65-70CM 26-28"

70-75CM 28-30"

75-80CM 30-31"

80-85CM 31-33"

Body Loop

135-140CM 53-55"

140-145CM 55-57"

145-150CM 57-59"

150-155CM 59-61"

155-160CM 61-63"

160-165CM 63-65"

Returns & Exchanges

We aim to provide you with an exchange and return service that is easy and convenient so that you can start wearing the product you want as soon as possible. There are however, some requirements that we ask you to follow before returning a product to us. Please read the following information carefully as it will help you to understand our policies and will ensure that we can assist you in the best possible way.

Returns

Our Policy

Due to hygiene reasons, we do not offer any returns or exchanges on underwear products. Other products such as swimwear, beachwear and apparel may be returned to us for an exchange, credit voucher or a refund if you are not completely satisfied with your purchase, provided that it is returned in accordance with the following conditions:

The product is in perfect condition. This means it is unmarked, unworn, unwashed, odour-free, with all labels attached.

The product is neatly folded in the original packaging, keeping all labeling flat as you place it back into the packaging.

We receive your return within 21 days of us having dispatched your order. For orders outside of Australia, returns will be accepted within 28 days of dispatching the order to you. Please note that for orders placed after November 25 each year, the period to return a product is extended to January 15 for Australian orders and January 22 for international orders.

When you receive your order ensure that you are wearing underwear when you first try on the item and that the product does not come into contact with any hair products, make up or nail polish. Remove any jewelry including earrings, rings or necklaces that may catch and snag the fabric of the product.

We know it can be tough to be decisive given the amazing range you have to choose from but it’s important to decide and return a product that’s not quite right for you as soon as possible to help us avoid losing the opportunity to make a future sale, which is important for us to keep running our business. As soon as you receive your order we suggest you determine whether you are happy with your purchase and if you aren’t, follow these steps below straight away!

Returning a Product

If you decide to return a product, please complete the Returns and Exchanges form that is provided with your order and enclose the form with the product in secure packaging for the return journey to us. If you can’t find your Returns and Exchanges form, you can download it here. We recommend that you select a secure, traceable postage service for the package and ensure that it is clearly addressed to:

It is important that you complete all fields on the Returns and Exchanges Form so that we can process your request correctly. If your return is part of an exchange it is important that you include your new order number on the Returns and Exchanges Form.

Processing Your Refund

1 - When we receive your return, all products are inspected thoroughly for damage and wear to ensure we only sell products to our future customers in perfect condition. If there are any signs of damage, wear, swing tags removed and/or not present we may return the product(s) to you OR charge you a damaged goods fee of up to $20.00 per item.

2 - If the return is approved, we can issue a refund or credit voucher. You must indicate your preference on the Returns and Exchanges form you fill out and return with the product. You have 2 options:

a) A refund to the credit card or Paypal account that was used for the original purchase. The refund will be for the amount you paid for the product less a $5.00 processing fee per item. Note that the processing fee does not apply if you have already placed a subsequent order to replace the incorrect item(s), (see Exchanges section below).

b) A credit voucher for the full amount you paid for the product. No processing fee will be applied. The credit voucher details will be emailed to you and will be available for use on a future purchase, valid for up to 6 months.

Although we aim to process all refunds as quickly as possible, it can take us up to 5 days from the date we receive your return. Remember there is also transit time from you sending it, to us receiving it, which could be up to a week depending on what postal service you use.

Exchanges

How to Exchange a Product

Our preferred and quickest way to process your exchange is for you to place a new order with us online and simply return your original order to us for a refund by following the instructions for ‘Returning a Product’. When we process your returned product we will also refund the postage charge incurred on your exchange order so that you only pay for one lot of postage from us to you, and the return postage to us. By placing your order online for an exchange, you will be assured to secure the product you want and avoid the delay of us waiting for the arrival of your returned product. It is important you complete the Returns and Exchanges Form correctly so that we can refund the correct amount as quickly as possible. If you would prefer to exchange products by returning them to us first please follow the ‘Returning a Product’ instructions. Your completed Returns and Exchanges Form must specify which products you wish to receive and a phone number that we can contact you on during business hours. An exchange for a product of lesser value will have the difference refunded to the credit card, Paypal account or gift voucher used for the original purchase. An exchange for a product of greater value will have the difference charged to the credit card or Paypal account used for the original purchase.

Exchanges performed by this method can take 5 days for us to process once we have received your products for exchange. This may be slowed further if the item you have requested is not available. If you require a fast exchange we recommend you follow our preferred method.

Size exchanges and change of mind for the APEX performance suit will not be accepted. If you are uncertain of your size after consulting the sizing information please contact us at sales@wayfunky.com to discuss further.

Manufacturing Faults

We believe our products are made to an exceptional standard but you are protected if there is a genuine manufacturing fault in the product you have purchased. If you believe your product has a manufacturing fault or doesn’t meet your expectations please take a photo of the fault or issue and email us at sales@wayfunky.com with the picture attached and a description of the fault. Please also include the original order information including order number and date. We can get a pretty good idea from your picture how to proceed. There are several different options:

If we can clearly see the fault and believe the product has not performed as it should we will offer you the choice of another product to the equal value of your original purchase or a refund.

If we cannot see the fault clearly and the product requires additional inspection we will ask you to return the product to us to the following address:

If we deem the product to be faulty we will offer you the choice of another product to the equal value of your original purchase or a refund.

If we believe the product has been mistreated or has performed for a reasonable period of time, we will inform you that your return request has not been approved.

We have high expectations of our products but they do not last for an indefinite period when subjected to harsh chemicals, sun exposure and vigorous use. Please follow the product care instructions and consider before you contact us whether the fault is just a reasonable sign of aging in a well-loved product.

Incorrect Product

We employ real people in our warehouse and sometimes mistakes do happen. If an error occurs with your order we apologise for the inconvenience and ask you to call us on 1300 85 79 89 (within Australia) or +61 3 9419 8820 (outside Australia) or email sales@wayfunky.com immediately so we can rectify the problem at no cost to you.